특정범죄가중처벌등에관한법률위반(위험운전치상)등
A defendant shall be punished by imprisonment for not less than eight months.
However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.
Punishment of the crime
1. The Defendant is a person who is engaged in driving a vehicle with B spoke tank in violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from Risk Driving).
On December 31, 2017, the Defendant driven the said car under the influence of alcohol level of 0.188% from blood alcohol level around 12:00, and continued to drive the said car at a speed of about 50 km from the west-gu, Seo-gu, Daejeon Special Metropolitan City, at the speed of about 50 km from the right side to the right side of the west-do road of the Negig, Seo-gu, Daejeon Special Metropolitan City.
At this point, the road was a congested road with frequent traffic flow, so there was a duty of care to prevent accidents in advance by complying with traffic signal, living well on the right and the right, and accurately operating steering devices and brakes.
Nevertheless, under the influence of alcohol, the Defendant was negligent in not operating the steering gear and brakes properly, and was driven by the victim C(52 Do) who was driving on the front section of the Defendant’s vehicle while driving on the front section of the Defendant’s vehicle, and the part behind the front part of the Defendant’s vehicle.
Ultimately, the Defendant driven the said car in a state where it is difficult to drive the car normally due to the influence of drinking, resulting in injury to the victim, such as salt, tensions, etc. in a state where it is necessary to treat the victim for about two weeks.
2. The Defendant, at the time and place specified in paragraph 1, driven a vehicle with B spick tank in the state of alcohol level of 0.188% in blood at the same time and place.
Summary of Evidence
1. Statement of the defendant in the first trial record;
1. A protocol concerning the examination of the police officers of the accused;
1. Statement made by the police against C;
1. Each traffic accident report;
1. A report on the detection of a primary driver;
1. A medical certificate;
1. Application of Acts and subordinate statutes on investigation reporting;
1. Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes (the act of causing death or injury to the driving of danger, the choice of imprisonment), Articles 148-2(2)2 and 44 of the Road Traffic Act concerning the crime.